02004L0107 — EN — 18.09.2015 — 002.001
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DIRECTIVE 2004/107/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (OJ L 023 26.1.2005, p. 3) |
Amended by:
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Official Journal |
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No |
page |
date |
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REGULATION (EC) No 219/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2009 |
L 87 |
109 |
31.3.2009 |
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L 226 |
4 |
29.8.2015 |
DIRECTIVE 2004/107/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 December 2004
relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air
Article 1
Objectives
The objectives of this Directive shall be to:
establish a target value for the concentration of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air so as to avoid, prevent or reduce harmful effects of arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons on human health and the environment as a whole;
ensure, with respect to arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons, that ambient air quality is maintained where it is good and that it is improved in other cases;
determine common methods and criteria for the assessment of concentrations of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air as well as of the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons;
ensure that adequate information on concentrations of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air as well as on the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons is obtained and ensure that it is made available to the public.
Article 2
Definitions
For the purposes of this Directive the definitions in Article 2 of Directive 96/62/EC, with the exception of the definition of ‘target value’, shall apply.
The objectives of this Directive shall be to:
(a) |
‘target value’means a concentration in the ambient air fixed with the aim of avoiding, preventing or reducing harmful effects on human health and the environment as a whole, to be attained where possible over a given period; |
(b) |
‘total or bulk deposition’means the total mass of pollutants which is transferred from the atmosphere to surfaces (e.g. soil, vegetation, water, buildings, etc.) in a given area within a given time; |
(c) |
‘upper assessment threshold’means a level specified in Annex II below which a combination of measurements and modelling techniques may be used to assess ambient air quality, in accordance with Article 6(3) of Directive 96/62/EC; |
(d) |
‘lower assessment threshold’means a level specified in Annex II below which the sole use of modelling or objective estimation techniques shall be possible to assess ambient air quality, in accordance with Article 6(4) of Directive 96/62/EC; |
(e) |
‘fixed measurements’means measurements taken at fixed sites either continuously or by random sampling, in accordance with Article 6(5) of Directive 96/62/EC; |
(f) |
‘arsenic’, ‘cadmium’, ‘nickel’ and ‘benzo(a)pyrene’mean the total content of these elements and compounds in the PM10 fraction; |
(g) |
‘PM10’means particulate matter, which passes through a size-selective inlet as defined in EN 12341 with a 50 % efficiency cut-off at 10 μm aerodynamic diameter; |
(h) |
‘polycyclic aromatic hydrocarbons’means those organic compounds, composed of at least two fused aromatic rings made entirely from carbon and hydrogen; |
(i) |
‘total gaseous mercury’means elemental mercury vapour (Hg0) and reactive gaseous mercury, i.e. water-soluble mercury species with sufficiently high vapour pressure to exist in the gas phase. |
Article 3
Target values
For such zones and agglomerations, Member States shall specify the areas of exceedance and the sources contributing thereto. In the areas concerned, Member States shall demonstrate the application of all necessary measures not entailing disproportionate costs, directed in particular at the predominant emission sources, in order to attain the target values. In the case of industrial installations covered by Directive 96/61/EC this means the application of BAT as defined by Article 2(11) of that Directive.
Article 4
Assessment of ambient air concentrations and deposition rates
In accordance with the criteria referred to in paragraph 7, measurement is mandatory in the following zones:
zones and agglomerations in which levels are between the upper and the lower assessment threshold, and
other zones and agglomerations where levels exceed the upper assessment threshold.
The measurements provided for may be supplemented by modelling techniques to provide an adequate level of information on ambient air quality.
Article 5
Transmission of information and reporting
With regard to the zones and agglomerations where any of the target values laid down in Annex I is exceeded, Member States shall forward the following information to the Commission:
the lists of the zones and agglomerations concerned,
the areas of exceedance,
the concentration values assessed,
the reasons for exceedance, and in particular any sources contributing to it,
the population exposed to such exceedance.
Member States shall also report all data assessed in accordance with Article 4, unless already reported under Council Decision 97/101/EC of 27 January 1997 establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the Member States ( 7 ).
The information shall be transmitted for each calendar year, by no later than 30 September of the following year, and for the first time for the calendar year following 15 February 2007.
Article 6
Committee
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
Article 7
Public information
Information on any measures taken pursuant to Article 3 shall be made available to the organisations referred to in paragraph 1 of this Article.
Article 8
Report and review
The Commission shall, by 31 December 2010 at the latest, submit to the European Parliament and the Council a report based on:
the experience acquired in the application of this Directive,
in particular, the results of the most recent scientific research concerning the effects on human health, paying particular attention to sensitive populations, and on the environment as a whole, of exposure to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons, and
technological developments including the progress achieved in methods of measuring and otherwise assessing concentrations of these pollutants in ambient air as well as their deposition.
The report referred to in paragraph 1 shall take into account:
current air quality, trends and projections up to and beyond 2015;
the scope for making further reductions in polluting emissions from all relevant sources, and the possible merit in introducing limit values aimed at reducing the risk to human health, for the pollutants listed in Annex I, taking account of technical feasibility and cost-effectiveness and any significant additional health and environmental protection that this would provide;
the relationships between pollutants and opportunities for combined strategies for improving Community air quality and related objectives;
current and future requirements for informing the public and for the exchange of information between Member States and Commission;
the experience acquired in the application of this Directive in Member States, and in particular the conditions under which measurement has been carried out as laid down in Annex III;
secondary economic benefits for the environment and health in reducing the emissions of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons to the extent that these can be assessed;
the adequacy of the particle size fraction used for sampling in view of general particulate matter measurement requirements;
the suitability of benzo(a)pyrene as a marker for the total carcinogenic activity of polycyclic aromatic hydrocarbons, having regard to predominantly gaseous forms of polycyclic aromatic hydrocarbons such as fluoranthene.
In the light of the latest scientific and technological developments the Commission shall also examine the effect of arsenic, cadmium and nickel on human health with a view to quantifying their genotoxic carcinogenicity. Taking account of measures adopted pursuant to the mercury strategy the Commission shall also consider whether there would be merit in taking further action in relation to mercury, taking account of technical feasibility and cost-effectiveness and any significant additional health and environmental protection that this would provide.
Article 9
Penalties
Member States shall determine the penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Article 10
Implementation
When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 11
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 12
Addressees
This Directive is addressed to the Member States.
ANNEX I
ANNEX II
Determination of requirements for assessment of concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air within a zone or agglomeration
I. Upper and lower assessment thresholds
The following upper and lower assessment thresholds will apply:
|
Arsenic |
Cadmium |
Nickel |
B(a)P |
Upper assessment threshold in percent of the target value |
60 % (3,6 ng/m3) |
60 % (3 ng/m3) |
70 % (14 ng/m3) |
60 % (0,6 ng/m3) |
Lower assessment threshold in percent of the target value |
40 % (2,4 ng/m3) |
40 % (2 ng/m3) |
50 % (10 ng/m3) |
40 % (0,4 ng/m3) |
II. Determination of exceedances of upper and lower assessment thresholds
Exceedances of upper and lower assessment thresholds must be determined on the basis of concentrations during the previous five years where sufficient data are available. An assessment threshold will be deemed to have been exceeded if it has been exceeded during at least three calendar years out of those previous five years.
Where fewer than five years’ data are available, Member States may combine measurement campaigns of short duration during the period of the year and at locations likely to be typical of the highest pollution levels with results obtained from information from emission inventories and modelling to determine exceedances of the upper and lower assessment thresholds.
ANNEX III
Location and minimum number of sampling points for the measurement of concentrations in ambient air and deposition rates
I. Macroscale siting
The sites of sampling points should be selected in such a way as to:
Sampling points should in general be sited so as to avoid measuring very small micro-environments in their immediate vicinity. As a guideline, a sampling point should be representative of air quality in surrounding areas of no less than 200 m2 at traffic-orientated sites, at least 250 m × 250 m at industrial sites, where feasible, and several square kilometres at urban-background sites.
Where the objective is to assess background levels the sampling site should not be influenced by agglomerations or industrial sites in its vicinity, i.e. sites closer than a few kilometres.
Where contributions from industrial sources are to be assessed, at least one sampling point shall be installed downwind of the source in the nearest residential area. Where the background concentration is not known, an additional sampling point shall be situated within the main wind direction. In particular where Article 3(3) applies, the sampling points should be sited such that the application of BAT can be monitored.
Sampling points should also, where possible, be representative of similar locations not in their immediate vicinity. Where appropriate they should be co-located with sampling points for PM10.
II. Microscale siting
The following guidelines should be met as far as practicable:
The following factors may also be taken into account:
III. Documentation and review of site selection
The site selection procedures should be fully documented at the classification stage by such means as compass-point photographs of the surrounding area and a detailed map. Sites should be reviewed at regular intervals with repeated documentation to ensure that selection criteria remain valid over time.
IV. Criteria for determining numbers of sampling points for fixed measurement of concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air
Minimum number of sampling points for fixed measurement to assess compliance with target values for the protection of human health in zones and agglomerations where fixed measurement is the sole source of information.
(a) Diffuse sources
Population of agglomeration or zone (thousands) |
If maximum concentrations exceed the upper assessment threshold (1) |
If maximum concentrations are between the upper and lower assessment thresholds |
||
As, Cd, Ni |
B(a)P |
As, Cd, Ni |
B(a)P |
|
0–749 |
1 |
1 |
1 |
1 |
750–1 999 |
2 |
2 |
1 |
1 |
2 000 –3 749 |
2 |
3 |
1 |
1 |
3 750 –4 749 |
3 |
4 |
2 |
2 |
4 750 –5 999 |
4 |
5 |
2 |
2 |
≥ 6 000 |
5 |
5 |
2 |
2 |
(1)
To include at least one urban-background station and for benzo(a)pyrene also one traffic-oriented station provided this does not increase the number of sampling points. |
(b) Point sources
For the assessment of pollution in the vicinity of point sources, the number of sampling points for fixed measurement should be determined taking into account emission densities, the likely distribution patterns of ambient air pollution and potential exposure of the population.
The sampling points should be sited such that the application of BAT as defined by Article 2(11) of Directive 96/61/EC can be monitored.
ANNEX IV
Data quality objectives and requirements for air quality models
I. Data quality objectives
The following data quality objectives are provided as a guide to quality assurance.
|
Benzo(a)pyrene |
Arsenic, cadmium and nickel |
Polycyclic aromatic hydrocarbons other than benzo(a)pyrene, total gaseous mercury |
Total deposition |
— Uncertainty |
|
|
|
|
Fixed and indicative measurements |
50 % |
40 % |
50 % |
70 % |
Modelling |
60 % |
60 % |
60 % |
60 % |
— Minimum data capture |
90 % |
90 % |
90 % |
90 % |
— Minimum time coverage |
|
|
|
|
Fixed measurements (1) |
33 % |
50 % |
|
|
14 % |
14 % |
14 % |
33 % |
|
(1)
Distributed over the year to be representative of various conditions for climate and anthropogenic activities
(2)
Indicative measurement being measurements which are performed at reduced regularity but fulfil the other data quality objectives |
The uncertainty (expressed at a 95 % confidence level) of the methods used for the assessment of ambient air concentrations will be evaluated in accordance with the principles of the CEN Guide to the expression of uncertainty in measurement (ENV 13005-1999), the methodology of ISO 5725:1994, and the guidance provided in the CEN Report, ‘Air quality — Approach to uncertainty estimation for ambient air reference measurement methods’ (CR 14377:2002E). The percentages for uncertainty are given for individual measurements, which are averaged over typical sampling times, for a 95 % confidence interval. The uncertainty of the measurements should be interpreted as being applicable in the region of the appropriate target value. Fixed and indicative measurements must be evenly distributed over the year in order to avoid skewing of results.
The requirements for minimum data capture and time coverage do not include losses of data due to regular calibration or normal maintenance of the instrumentation. Twenty-four-hour sampling is required for the measurement of benzo(a)pyrene and other polycyclic aromatic hydrocarbons. With care, individual samples taken over a period of up to one month can be combined and analysed as a composite sample, provided the method ensures that the samples are stable for that period. The three congeners benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene can be difficult to resolve analytically. In such cases they can be reported as sum. ►M2 Twenty-four hour sampling is also advisable for the measurement of arsenic, cadmium and nickel concentrations. ◄ Sampling must be spread evenly over the weekdays and the year. For the measurement of deposition rates monthly, or weekly, samples throughout the year are recommended.
The provisions on individual samples in the previous paragraph apply also to arsenic, cadmium, nickel and total gaseous mercury. Moreover, sub–sampling of PM10 filters for metals for subsequent analysis is allowed, providing there is evidence that the sub-sample is representative of the whole and that the detection sensitivity is not compromised when compared with the relevant data quality objectives. As an alternative to daily sampling, weekly sampling for metals in PM10 is allowed provided that the collection characteristics are not compromised.
Member States may use wet only instead of bulk sampling if they can demonstrate that the difference between them is within 10 %. Deposition rates should generally be given as μg/m2 per day.
Member States may apply a minimum time coverage lower than indicated in the table, but not lower than 14 % for fixed measurements and 6 % for indicative measurements provided that they can demonstrate that the 95 % expanded uncertainty for the annual mean, calculated from the data quality objectives in the table according to ISO 11222:2002 — ‘Determination of the uncertainty of the time average of air quality measurements’ will be met.
II. Requirements for air quality models
Where an air quality model is used for assessment, references to descriptions of the model and information on the uncertainty shall be compiled. The uncertainty for modelling is defined as the maximum deviation of the measured and calculated concentration levels, over a full year, without taking into account the timing of the events.
III. Requirements for objective estimation techniques
Where objective estimation techniques are used, the uncertainty shall not exceed 100 %.
IV. Standardisation
For substances to be analysed in the PM10 fraction, the sampling volume refers to ambient conditions.
ANNEX V
Reference methods for assessment of concentrations in ambient air and deposition rates
I. Reference method for the sampling and analysis of arsenic, cadmium and nickel in ambient air
The reference method for the sampling of arsenic, cadmium and nickel in ambient air is described in EN 12341:2014. The reference method for the measurement of arsenic, cadmium and nickel in ambient air is that described in EN 14902:2005 ‘Ambient air quality — Standard method for the measurement of Pb, Cd, As and Ni in the PM10 fraction of suspended particulate matter’.
A Member State may also use any other methods which it can demonstrate give results equivalent to the above method.
II. Reference method for the sampling and analysis of polycyclic aromatic hydrocarbons in ambient air
The reference method for the sampling of polycyclic aromatic hydrocarbons in ambient air is described in EN 12341:2014. The reference method for the measurement of benzo(a)pyrene in ambient air is that described in EN 15549:2008 ‘Air quality — Standard method for the measurement of concentration of benzo[a]pyrene in ambient air’. In the absence of a CEN standard method for the other polycyclic aromatic hydrocarbons referred to in Article 4(8), Member States are allowed to use national standards methods or ISO methods such as ISO standard 12884.
A Member State may also use any other method which it can demonstrate give results equivalent to the above method.
III. Reference method for the sampling and analysis of mercury in ambient air
The reference method for the measurement of total gaseous mercury concentrations in ambient air is that described in EN 15852:2010 ‘Ambient air quality — Standard method for the determination of total gaseous mercury’.
A Member State may also use any other method which it can demonstrate give results equivalent to the above method.
IV. Reference method for the sampling and analysis of the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons
The reference method for the determination of the deposition of arsenic, cadmium, and nickel is that described in EN 15841:2009 ‘Ambient air quality — Standard method for determination of arsenic, cadmium, lead and nickel in atmospheric deposition’.
The reference method for the determination of the deposition of mercury is that described in EN 15853:2010 ‘Ambient air quality — Standard method for determination of mercury deposition’.
The reference method for the determination of the deposition of benzo(a)pyrene and the other polycyclic hydrocarbons referred to in Article 4(8) is that described in EN 15980:2011 ‘Air quality. Determination of the deposition of benz[a]anthracene, benzo[b]fluoranthene, benzo[j]fluoranthene, benzo[k]fluoranthene, benzo[a]pyrene, dibenz[a,h]anthracene and indeno[1,2,3-cd]pyrene’.
V. Reference air quality modelling techniques
Reference air quality modelling techniques cannot be specified at present. The Commission may make amendments to adapt this point to scientific and technical progress. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 6(3).
( 1 ) OJ C 110, 30.4.2004, p. 16.
( 2 ) Opinion of the European Parliament of 20 April 2004 (not yet published in the Official Journal), Council Decision of 15 November 2004.
( 3 ) OJ L 242, 10.9.2002, p. 1.
( 4 ) OJ L 296, 21.11.1996, p. 55. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
( 5 ) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003.
( 6 ) OJ L 184, 17.7.1999, p. 23.
( 7 ) OJ L 35, 5.2.1997, p. 14. Decision as amended by Commission Decision 2001/752/EC (OJ L 282, 26.10.2001, p. 69).